RESOLUTION
DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION
FROM R-1-A, SINGLE FAMILY RESIDENTIAL, TO R-1-B, SINGLE FAMILY RESIDENTIAL,
PROPERTY LOCATED AT 4100 LONDON ROAD (BELL).

BY
COUNCILOR GILBERT:

The
city council finds as follows: Thomas and Mary Bell have submitted to
the city council a petition to rezone from R-1-a, Single Family Residential,
to R-1-b, Single Family Residential, property described as Lot 1 in Section
18, Township 50 North of Range 13 West lying between two lines denominated
Line A and Line B, which lines are described as follows:

Line
A: Beginning at a point where the center line of London Road intersects
the centerline of 42nd Avenue East in the city of Duluth, running thence
westerly along the centerline of said London Road a distance of 361 feet
to a point, which is the northerly point of Line A; thence southerly on
a line 328 feet westerly from and parallel to the westerly line of 42nd
Avenue East to the shoreline of Lake Superior, which is the southerly
point of Line A.; and

Line
B: Beginning at a point where the center line of London Road intersects
the centerline of 42nd Avenue East in the city of Duluth, running southerly
along the centerline of 41st Avenue East, extended, on a line parallel
to Line A above described to the shoreline of Lake Superior, which is
the southerly point of Line B; on London Road in Lakeside;

and
said petition was duly referred to the city planning commission for a
study, report and public hearing, and the city planning commission has
subsequently reported its recommendation of approval to the city council
because of findings based on the findings that the expansion of the Lakeshore
Lutheran Home complex has significantly changed the character of the immediate
neighborhood and uniquely impacted this property immediately adjacent.

NOW,
THEREFORE, BE IT RESOLVED, that the petition to rezone the subject property
to allow for R-1-b, single family zoning is denied based on the following
findings:

(a)The
rezoning would allow the property to be subdivided into two lots flag-shaped
lots, both fronting London Road, which would result in an inconsistent
lot subdivision along the shore side of London Road;

(b)The
rezoning is contrary to the nature, purpose and density of the R-1-a zone
created and imposed on the lakeshore side of London Road;

(c)The
zoning in this area was established prior to the Bell purchase of their
home in 1993;

(d)There
are no established transition zone guidelines under current zoning;

(e)Owners
of properties east of Bell’s could request that the boundaries be
extended to include their properties;

(f)The
property to the west of Bell’s, zoned R-3, is already considered
to be the transition zone between the R-4 zone to its west and the R-1-a
zone to its east;

(g)New
construction near the lake creates a unique impediment to any immediately
adjacent property, which could be used by other property owners to the
east over time;

(h)A
precedent could be set to rezone other lands to the east along London
Road to deal with construction impediments;

(i)Fire
access to the new lot to be developed is undesireable.

STATEMENT
OF PURPOSE: This resolution is a denial action of Ordinance 06-015-O for
a zoning change, from R-1-a, Single-Family Residential to R-1-b, Single-Family
Residential, 1.1 acres of land, in a Natural Environmental Shoreland Management
Zone, currently occupied by 1 home located at 4100 London Road on the
shore of Lake Superior. The rezoning will give the property owners the
ability to sub-divide the property into 2 residential lots (two flag-shaped”)
each with 50 feet of frontage on London Road, so that another home can
be built on the lot which will have lake frontage. The applicant states
that “this rezoning will be in the public interest because the property
is more than 650 feet in length and the rezoning will allow more full
use thereof. The property abuts an R-3 zone and if rezoned R-1-b will
provide a transition zone area between the R-3 zone on the west and the
R-1-a zone on the east.”

The
Duluth city planning commission voted 5-1-2 to APPROVE this zoning change
following a public hearing held May 9, 2006.

In
recommending approval of the zoning change the commission made the following
findings of fact: The expansion of Lakeshore Lutheran Home complex has
significantly changed the character of the immediate neighborhood and
uniquely impacted this immediately adjacent property.